Archives: Attorneys

Jesse Hoffman

Partner Jesse Hoffman came to McCathern in 2011 from the Texas Attorney General’s Office and now has a thriving business litigation and appellate practice with the firm. Jesse represents some of the most promising and successful businesses in the nation, and is routinely recognized for his accomplishments by both clients and respected legal publications. He […]

Samuel J. King

Samuel J. King is a partner at McCathern, Shokouhi, Evans and an experienced civil litigator and trial attorney. Based in the firm’s Frisco, Texas office, Sam represents and advises businesses, insurers, and individuals in a wide range of civil matters, including commercial litigation, personal injury, and other complex, high-exposure disputes. Clients value his clear-headed analysis […]

Levi G. McCathern, II

Founding Partner Levi G. McCathern, II is a trusted advocate for those confronting some of the most complex and high-stakes legal battles. Known for his ability to correct injustice, Levi has built a reputation as the attorney celebrities, athletes, musicians, and top business leaders turn to when faced with critical challenges. Whether defending high-profile clients […]

Adam R. Mehr

Attorney Adam R. Mehr is a Partner in McCathern’s Los Angeles office and chair of the firm’s Media & Entertainment law practice. Adam is a veteran dealmaker in the entertainment industry with a long track record of guiding his clients and their projects to success in the dynamic world of modern media. Adam’s clients range from independent […]

Megan Rachel

Megan Rachel joined McCathern’s Family Law practice as a partner in 2021 after proudly offering family law representation to her Frisco, Texas neighbors and community members since 1990. For more than three decades, she has focused her career on the practice of family law and has helped countless clients resolve even the most complex family […]

Laura Roach

Laura Roach joined McCathern as a partner in 2019, working in the firm’s family law practice from its office in Frisco, Texas. Laura’s practice primarily focuses on mediation but she also handles a select number of litigation cases as well. Laura’s philosophy on handling family law cases is to resolve the case as efficiently and […]

Joseph E. Sampson

Joseph “Joey” Sampson enjoys helping businesses and individuals make tough decisions, resolve difficult problems, and succeed. He prioritizes building trust with others and relishes the lawyer-counselor role, seeking to provide advice to his clients to efficiently resolve issues, achieve their goals, and avoid litigation. But sometimes litigation is necessary, and since joining McCathern in 2007 […]

Evan Selik

Evan Selik is the Managing Partner of McCathern’s office in Los Angeles, California. Evan has extensive experience representing employees in wrongful termination litigation and employment discrimination cases, and he also handles wage and hour class actions, consumer class actions, and civil rights matters. Evan earned his Juris Doctorate from Thomas M. Cooley Law School in […]

Ty M. Sheaks

Ty M. Sheaks is a respected source of insight and information as a frequent speaker, author, faculty legal advisor to the International Association of Venue Managers (IAVM) and special board advisor for DFW-RIMS. Whether in the courtroom or negotiating deals he the go to “fixer” for McCathern’s most difficult and high-exposure matters. Additionally, Ty leads […]

James E. Sherry

McCathern partner James “Jim” Sherry is an experienced civil and criminal litigator who has guided corporate and individual clients through every stage of litigation, from pre-suit investigation through successful merits appeal to the United States Supreme Court. Jim regularly represents clients in complex business disputes involving diverse areas of law, with a particular focus on […]

LATEST NEWS

Why You Should Register Your Trademarks

August 8, 2025

I wrote an article on this topic nine years ago. It seems like an appropriate time for an update. This is because trademarks and trademark law remain a tricky legal property right. Trademarks are “owned” by the individual or entity that uses the mark as a source-identifier in conjunction with goods or services in commerce. Yet the underlying purpose of trademarks is to protect the relevant consumer. Trademarks are only protectable to the extent the consumer associates that mark with the source of particular goods and services. Any value associated with the trademark is derived from this foundation. Which brings us to the most important question: how do you get a trademark? It is not difficult. The exact moment you select a word, logo, slogan, phrase, or design – and “use” it in association with particular goods and services in the stream of commerce, it becomes a legal trademark. While the definition of “use” can be nebulous and imprecise, essentially any sales or marketing efforts that target consumers or customers across interstate lines can be proper trademark “use” that breathes life into a mark. This provides what is known as “common law” trademark rights. These rights are absolutely enforceable in a court of law. The obvious follow-up question is: if getting a trademark is so easy, why should I bother going through the process of applying for a state or federal trademark registration? Or more importantly: what do I get for my money? Registered trademarks provide substantial additional rights and presumptions which can save you hundreds of thousands of dollars in the long run. Common Law Trademark Rights  Trademarks “protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods.”[1] A junior user with a confusingly similar mark in commerce is exposed to a lawsuit for common law trademark infringement in state or federal court. Meanwhile, in a linguistic quirk that causes continuing problems, the term “trademark” is often confused with “trademark registration.” They are vastly different things. You should not feel bad though – even practicing lawyers make this mistake. But colloquial uses lead to confusion by the public at large. In the United States, “common law” trademark rights do exist, and U.S. courts of law will strongly enforce these marks against unauthorized uses. The primary statutory authority for trademarks, the federal Lanham Act, also protects common law trademarks from infringement. While the term “unregistered trademark” has the ring of inadequacy, the owner of an unregistered trademark can still recover monetary damages and injunctive relief against a junior user that has infringed that mark. Remember, trademarks protect the consuming public, even if the “owner” gets to recover monetary damages. As a result, common law marks protect the consumer just as much as registered marks do. This is because the law and public policy cannot allow there to be confusion in the marketplace. That being said, the United States Patent and Trademark Office would naturally prefer that owners of trademark rights take the necessary steps to formally register all eligible trademarks. It helps to provide notice and information to the relevant consumer. It also helps to organize and identify the owners of trademarks. Registration brings a sense of order to an area of the law that often lacks certainty or predictability. As an incentive to register trademark rights, the Lanham Act and the USPTO provides additional benefits to those that maintain registered trademarks. These rights are above and beyond the rights afforded common law trademark owners. Trademark Registration It helps to remember that your trademark is an extension of you and your business. All things considered, the costs for registration and enforcement are reasonable. It should also be seen as a long-term investment in your business. There is commercial value in trademarks, and your business should recognize this value by acquiring a registration if possible. There are two ways to register trademarks. In addition to the more popular federal registration, each of the fifty states allows for trademarks to be registered for intrastate uses. For example, I am licensed to practice law in the State of Texas. The Texas Secretary of State permits the registration of trademarks for their use within Texas. These uses must be in Texas, the mark must meet certain standards for “distinctiveness,” and the mark cannot be confusingly similar to any other marks currently registered in Texas for the relevant goods and services.[2] Similar requirements are present in all of the other states for registration. Most importantly, Texas provides the following benefits for a state trademark registration: Registration puts the rest of Texas on notice that you claim ownership of the mark in Texas commerce in connection with the relevant goods or services. A certificate of registration is prima facie (rebuttable) proof of: 1) the validity of the registration; 2) the registrant’s ownership of the mark; and 3) the registrant’s exclusive right to use the mark in Texas in connection with the relevant goods or services. Texas law provides a statutory cause of action for infringing upon a registered mark. It is a crime to counterfeit registered marks.[3] These are rights which are not generally afforded to common law trademarks. You do not need an attorney to register a trademark with the State of Texas (though it is strongly advised). The application fees are relatively affordable in Texas, too – currently only $50 per “class” of goods or services. Everything is bigger in Texas, of course, but if you market and sell your good and services nationwide (the Internet has made such “use in commerce” almost standard), acquiring a state-based registration is nice, but it is not as strong as acquiring a federal trademark registration through the USPTO. As an attorney, I recommend seeking to register all such trademarks with the USPTO as soon as possible. The fees are higher than a state-based registration (currently as low as $350 per application). The process is also more in-depth and complicated. The

Read More »

DANIEL K. HAGOOD P.C. MERGES WITH McCATHERN, SHOKOUHI, EVANS TO LAUNCH WHITE COLLAR & GOVERNMENT INVESTIGATIONS PRACTICE

August 4, 2025

Dallas, TX – 8/4/2025 – We are proud to announce the merger of Daniel K. Hagood P.C., a highly respected Dallas-based practice, with McCathern, Shoukouhi, Evans (McCathern PLLC). Known for excellence in white collar and criminal defense, the addition of Mr. Hagood and his team marks the launch of our new White Collar & Government Investigations practice area.   This merger brings veteran trial attorney Daniel K. Hagood, Alexandra Hunt, and Alexis Fowler to our firm. Joining them in this new practice area are McCathern, Shokouhi, Evans Partner Jennifer L. Falk, and Associate Attorney Jordan A. Carter. Together, they form a powerhouse group dedicated to defending clients in complex, high-stakes criminal matters.   “Merging with Dan Hagood and his team of attorneys allows us to expand our ability to defend clients in the most complex white collar and criminal matters,” said Arnold Shokouhi, Managing Partner of McCathern, Shokouhi, Evans. “Their unmatched experience and dedication to protecting clients’ rights and reputations align perfectly with our mission to deliver exceptional legal counsel and improve people’s lives.”   With more than 75 years of combined experience, the team brings unparalleled skill and perspective to defending clients in sensitive and challenging matters. Daniel K. Hagood is a nationally recognized defense counsel whose career has spanned some of the most complex and high-profile cases in Texas and beyond. Jennifer L. Falk has built a reputation over two decades as one of Texas’s most respected prosecutors and defense attorneys, earning trust through her command of the courtroom and strategic insight. Alexandra Hunt is a rising leader in the field, known for her meticulous preparation, sharp advocacy, and ability to navigate intricate investigations with precision.   At McCathern, Shokouhi, Evans, the team understands the enormous stakes involved in these cases—criminal penalties, professional licenses, careers, and businesses are often on the line. The firm’s attorneys are highly skilled in managing multi-agency investigations and parallel civil, criminal, and regulatory proceedings with discretion and precision.   “We are honored to welcome this exceptional team and to expand our ability to deliver comprehensive defense for complex white collar and government matters,” added Shokouhi.   For media inquiries, please contact McCathern Law Firm at 214-741-2662 or at marketing@mccathernlaw.com.   Pictured L to R: Daniel K. Hagood, Jennifer L. Falk, Alexandra Hunt, Alexis Fowler, Jordan A. Carter

Read More »

CONTACT US NOW

  • This field is for validation purposes and should be left unchanged.

Interested in Joining Our Team?

For employment contacts, please visit our careers page.
CAREER INFORMATION

Join Our Newsletter